Criminal Records Unit

Accurate and complete criminal history records are not only important to the criminal justice professions, but have become increasingly important for purposes outside the criminal justice community. Employers, volunteer programs, and professional licensing are relying extensively on accurate criminal records. The importance of accurate reporting is further highlighted in the area of voter registration. Inaccurate reporting can deny citizens of this basic right.

Criminal history information for adult offenders is maintained forever, even when the charges were dismissed or if there was a declination of prosecution. The offender may file for an expungement with the court of jurisdiction if there is a state statute allowing for expungement. If an expungement is granted, the criminal history information will still be available for criminal justice purposes.

In 1987, the Wyoming Legislature passed the Wyoming Criminal History Record Act. It is located in Wyoming Statute 7-19-101 through 109. In addition to the existing duties to establish and maintain a system for the identification of criminals, the Act delegated to DCI the authority to promulgate rules and regulations concerning access and dissemination of criminal history record information, audit practices, and sanctions. The Act also stipulated those agencies required to report to DCI.

W.S. 7-19-107 (a) The Division of Criminal Investigation within the Office of the Attorney General is designated as the central repository for criminal history record information.

(b) For the purpose of maintaining complete and accurate criminal history record information at the central repository, all city, county and state law enforcement agencies, district courts, courts of limited jurisdiction, district attorneys, the department of corrections, state juvenile correctional institutions and local probation and parole agencies shall submit the criminal history record information required under this section for which they are responsible to the division for filing at the earliest time possible following the occurrence of the reportable event.

The Rules and Regulations DCI has promulgated at the direction of the State Legislature has explained the earliest time possible as "not to exceed seventy-two hours."

Wyoming's criminal history records are created with a submission of an arrest fingerprint card (FPC). Pursuant to W.S. 7-19-107 (c) all felonies, high misdemeanors, and other misdemeanor arrests deemed necessary by the Division are maintained.

If an arrest FPC is not submitted to DCI, that arrest will not be available on the subject's criminal history record at the state or FBI. Every arrest record maintained by the Division must have a FPC. DCI cannot create an arrest event based off of court documents alone.